United States v. John D. Gorman

Fifth Circuit

United States v. John D. Gorman

431 F.2d 632, 1970 U.S. App. LEXIS 7490

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 1, 1970

Docket30068

StatusPublished

Cited by12 cases

This text of 431 F.2d 632 (United States v. John D. Gorman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. John D. Gorman, 431 F.2d 632, 1970 U.S. App. LEXIS 7490 (5th Cir. 1970).

Pincite

Opinion

PER CURIAM:

This appeal is from the District Court’s denial of Gorman’s motion to correct or reduce sentence, pursuant to Rule 35, F. R.Crim.P.

On January 31, 1969, more than ten months after he was sentenced, Gorman first requested the court below to modify his sentence. Since Gorman’s motion was not filed within 120 days of his sentence, as required by Rule 35, the District Court lacked jurisdiction to consider the motion; and therefore this Court has no jurisdiction over the appeal. Rule 45(b), F.R.Crim.P.; United States v. Ellenbogen, 2 Cir. 1968, 390 F.2d 537, cert. denied 1968, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This appeal is from the District Court’s denial of Gorman’s motion to correct or reduce sentence, pursuant to Rule 35, F. R.Crim.P.

On January 31, 1969, more than ten months after he was sentenced, Gorman first requested the court below to modify his sentence. Since Gorman’s motion was not filed within 120 days of his sentence, as required by Rule 35, the District Court lacked jurisdiction to consider the motion; and therefore this Court has no jurisdiction over the appeal. Rule 45(b), F.R.Crim.P.; United States v. Ellenbogen, 2 Cir. 1968, 390 F.2d 537, cert. denied 1968, 393 U.S. 918, 89 S.Ct. 241, 21 L.Ed.2d 206.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

431 F.2d 632, 1970 U.S. App. LEXIS 7490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-d-gorman-ca5-1970.

Opinion

Related

Cite This Page — Counsel Stack